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(영문) 대전지방법원 홍성지원 2016.03.16 2015고단1197
교통사고처리특례법위반
Text

Defendant shall be punished by imprisonment without prison labor for eight months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment became final and conclusive.

Reasons

Punishment of the crime

The defendant is a person who is engaged in driving of a cargo vehicle B1 ton.

On November 22, 2015, the Defendant driving the above cargo vehicle around 18:30 on November 22, 2015, and driving the front road of Seocheon-gun, Chungcheongnam-gun, Chungcheongnam-do at the speed of 50km from the Hansan-si to the Hansan-do Myeon.

At the time, it was night and around the street, and it was a road with frequent passage of people, so there was a duty of care to reduce speed to those who are engaged in driving of motor vehicles, and to accurately manipulate the steering and brakes, thereby preventing accidents.

Nevertheless, the defendant did not discover the victim D (78 e.g., the right side of the course due to the negligence of neglecting this, and did not discover the victim D (78 e.g., the right side of the freight driven by the defendant, and received the face and the right chest part of the freight driven by the defendant.

Ultimately, the Defendant caused the death of the victim due to the occupational negligence above, i.e., the death from the seat.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to a survey report on the actual condition and a corpse death certificate;

1. Relevant legal provisions concerning criminal facts, Article 3 (1) of the Act on Special Cases concerning the Settlement of Traffic Accidents According to the Selection of Punishment, Article 268 of the Criminal Act, and the selection of imprisonment without prison labor;

1. According to the reasoning of the suspended sentence under Article 62(1) of the Criminal Act, the sentence shall be determined as ordered by comprehensively taking into account all the conditions of the sentencing as shown in the records, such as the Defendant’s age, sex, environment, and the circumstances before and after the instant crime.

The details of damage are the primary crime (the death of a victim), the mistake is against the victim, and the agreement is reached with the bereaved family members of the victim.

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